22 A.D. 147 | N.Y. App. Div. | 1897
At a Court of Sessions, held in the month of April, 1897, the defendant was tried and convicted of the crime of grand larceny in the second degree, as a second offense, and was sentenced upon that conviction, and this appeal is taken from the judgment thus pronounced. Upon the trial the defendant offered no evidence, but, after the plaintiff’s case had been closed, his counsel asked the court to instruct the jury to acquit. That motion was denied, and the important question in the case arises upon its denial, because the defendant insists that the evidence did not warrant the verdict of guilty. All the testimony was given by two witnesses. One of them was a detective of the police force who arrested the defendant, and his story substantially was that on the 17th of March, 1897, he saw the defendant in a crowd upon Fifth avenue, between Forty-ninth and Fiftieth streets; that the crowd was breaking away and he saw the defendant go through the crowd and “ bunk ” against a man;
Van Brunt, P. J., Barrett, Williams and Patterson, JJ., concurred.
Judgment reversed and new trial ordered.